(영문) 수원지방법원 2020.05.29 2019가단26782

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(영문) 수원지방법원 2020.05.29 2019가단26782

건물인도 등

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1. The defendant shall be the plaintiff.

(a) [Attachment 1] Description 1, 2, 3, 4, and 1 of the 1st floor of the building listed in the list.

Reasons

1. Facts of recognition;

A. On July 18, 2008, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 3.00,000,000 (payment on the last day of each month), and the lease period from July 25, 2008 to July 24, 2009 (hereinafter “instant lease agreement”) on the one floor of the building listed in the list (attached Form 1) (attached Form 2) with the indication 1, 2, 3, 4, and 1 of drawings attached in sequence.

Meanwhile, according to the instant lease agreement, the Plaintiff may terminate the instant lease agreement if the Defendant fails to pay rent more than twice.

(Article 4(9) of the Special Agreement on the Lease of this case provides that the rent shall be deposited into the account of the Plaintiff (Korean bank, account number: C).

B. The Plaintiff delivered the instant building to the Defendant at the time of the conclusion of the instant lease agreement, and the Defendant used the instant building from around that time to the date of the closing of argument.

C. However, the Defendant did not pay to the Plaintiff the difference from September 1, 2014.

Therefore, the plaintiff notified the payment of rent several times, but the defendant did not comply with it.

E. The Plaintiff, via the instant complaint, expressed his/her intent to terminate the instant lease agreement on the grounds that the Defendant was not paid two or more rents, and the duplicate of the instant complaint was served on November 25, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, barring any special circumstance, the instant lease agreement is concluded on the same day when the duplicate of the complaint of this case was served on November 25, 2019 on the following day: (a) the Plaintiff’s termination of the instant lease agreement on the ground of two or more lease delay, among the implied renewals after the expiration of the lease term.

유사 판례

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